
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC2349]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 158--ORDERS OF FEDERAL AGENCIES; REVIEW
 
Sec. 2349. Jurisdiction of the proceeding

    (a) The court of appeals has jurisdiction of the proceeding on the 
filing and service of a petition to review. The court of appeals in 
which the record on review is filed, on the filing, has jurisdiction to 
vacate stay orders or interlocutory injunctions previously granted by 
any court, and has exclusive jurisdiction to make and enter, on the 
petition, evidence, and proceedings set forth in the record on review, a 
judgment determining the validity of, and enjoining, setting aside, or 
suspending, in whole or in part, the order of the agency.
    (b) The filing of the petition to review does not of itself stay or 
suspend the operation of the order of the agency, but the court of 
appeals in its discretion may restrain or suspend, in whole or in part, 
the operation of the order pending the final hearing and determination 
of the petition. When the petitioner makes application for an 
interlocutory injunction restraining or suspending the enforcement, 
operation, or execution of, or setting aside, in whole or in part, any 
order reviewable under this chapter, at least 5 days' notice of the 
hearing thereon shall be given to the agency and to the Attorney 
General. In a case in which irreparable damage would otherwise result to 
the petitioner, the court of appeals may, on hearing, after reasonable 
notice to the agency and to the Attorney General, order a temporary stay 
or suspension, in whole or in part, of the operation of the order of the 
agency for not more than 60 days from the date of the order pending the 
hearing on the application for the interlocutory injunction, in which 
case the order of the court of appeals shall contain a specific finding, 
based on evidence submitted to the court of appeals, and identified by 
reference thereto, that irreparable damage would result to the 
petitioner and specifying the nature of the damage. The court of 
appeals, at the time of hearing the application for an interlocutory 
injunction, on a like finding, may continue the temporary stay or 
suspension, in whole or in part, until decision on the application.

(Added Pub. L. 89-554, Sec. 4(e), Sept. 6, 1966, 80 Stat. 624; amended 
Pub. L. 98-620, title IV, Sec. 402(29)(F), Nov. 8, 1984, 98 Stat. 3359.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                   Revised Statutes and
      Derivation               U.S. Code             Statutes at Large
------------------------------------------------------------------------
                       5 U.S.C. 1039.             Dec. 29, 1950, ch.
                                                   1189, Sec.  9, 64
                                                   Stat. 1131.
                       .........................  Sept. 13, 1961, Pub.
                                                   L. 87-225, Sec.  1,
                                                   75 Stat. 497.
------------------------------------------------------------------------

    The headnotes of the subsections are omitted as unnecessary and to 
conform to the style of title 28.
    In subsection (a), the words ``has jurisdiction'' and ``has 
exclusive jurisdiction'' are substituted for ``shall have jurisdiction'' 
and ``shall have exclusive jurisdiction'', respectively. The words 
``previously granted'' are substituted for ``theretofore granted'' as 
the preferred expression.
    In subsection (b), the words ``does not'' are substituted for 
``shall not''. The words ``of the United States'' following ``Attorney 
General'' are omitted as unnecessary. The words ``In a case in which'' 
are substituted for ``In cases where''. The word ``result'' is 
substituted for ``ensue''. In the fourth sentence, the words ``provided 
for above'' following the last word ``application'' are omitted as 
unnecessary. In the last sentence, the word ``applies'' is substituted 
for ``shall apply''.


                               Amendments

    1984--Subsec. (b). Pub. L. 98-620 struck out provisions that the 
hearing on an application for an interlocutory injunction be given 
preference and expedited and heard at the earliest practicable date 
after the expiration of the notice of hearing on the application, and 
that on the final hearing of any proceeding to review any order under 
this chapter, the same requirements as to precedence and expedition was 
to apply.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620 set out as an Effective Date 
note under section 1657 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2350 of this title; title 7 
sections 2149, 3804, 3805.
